When an elevator accident causes a serious injury, the building owner, elevator company, maintenance contractor, and their insurers may quickly begin looking for reasons why they should not be held responsible.
They may argue that the elevator recently passed an inspection. They may claim there had never been a previous complaint. In cases involving construction elevators and hoists, they may accuse the injured worker of improperly using the equipment. An insurance company may even contact the injured person and suggest that it will "take care of everything" without the need for an attorney. These defenses do not necessarily mean that you do not have a case.
Elevator accident claims in New York can involve complicated questions about maintenance, inspections, notice of dangerous conditions, service contracts, equipment failures, and the conduct of multiple parties. Determining what actually happened requires looking beyond what the building owner or elevator company says after the accident.
At The Law Offices of Michael S. Lamonsoff, our attorneys investigate the evidence behind these defenses and fight to hold negligent parties accountable when elevator accidents cause serious injuries.
"The Elevator Was Just Inspected" Does Not Necessarily Defeat Your Claim
One of the first defenses an elevator company or building owner may raise is that the elevator had recently been inspected. A recent inspection can be important evidence, but it does not automatically establish that an elevator was reasonably safe when the accident occurred.
An inspection only reflects what was examined, documented, and discovered at a particular point in time. Mechanical problems can develop afterward. An inspection can also fail to detect an existing problem, or a previously identified issue may not have been properly repaired.
A thorough elevator accident investigation may therefore examine:
- Inspection reports
- Maintenance and repair records
- Service calls
- Prior complaints
- Elevator shutdown records
- Modernization recommendations
- Building records
- Maintenance contracts
Recent New York elevator litigation illustrates why maintenance history can matter. In a 2026 First Department case involving an elevator that allegedly misleveled, maintenance records showed that the elevator contractor had attempted to address a misleveling problem several months before the accident. The court also examined whether the building owner had procedures for receiving and reporting elevator complaints.
In another 2026 First Department decision involving an elevator that abruptly dropped several floors, the court addressed responsibilities of both the building owners and the elevator maintenance company.
The central question is not simply whether someone signed an inspection report. The investigation should determine whether the elevator was reasonably safe, whether known or developing problems were addressed, and whether those responsible for the equipment fulfilled their legal obligations.
"We Didn't Know There Was a Problem" Is Another Common Defense
Building owners and elevator companies may also argue that they had no notice of the dangerous condition.
Depending on the legal theory involved, notice can become an important part of an elevator accident case. The investigation may focus on whether the responsible party actually knew about the problem or whether the condition existed long enough, occurred frequently enough, or generated sufficient warning signs that it should have been discovered. Prior complaints can be particularly important.
For example, passengers or workers may previously have reported that an elevator:
- Stopped abruptly
- Shook or jerked
- Misleveled with the floor
- Had malfunctioning doors
- Became stuck between floors
- Made unusual noises
- Dropped unexpectedly
Maintenance records, emails, service requests, work orders, and witness testimony can help establish whether those responsible had warning of a problem before someone was injured.
This is one reason early investigation matters. Records can be difficult to locate later, witnesses can become harder to reach, and important evidence may disappear.
Comparative Negligence: Were You Blamed for Misusing the Elevator or Hoist?
Another defense is to blame the injured person. An elevator company, contractor, or insurer might claim that a worker overloaded a construction hoist, entered an area they should not have entered, ignored instructions, or otherwise contributed to the accident.
Being accused of contributing to an accident does not automatically prevent you from recovering compensation. New York applies a comparative negligence standard under CPLR Article 14-A. Under this framework, a person's own culpable conduct does not necessarily bar recovery, although recoverable damages may be reduced according to that person's share of responsibility.
Suppose, for example, that an injured person suffered $1 million in damages and was ultimately determined to be 20 percent responsible. Under ordinary comparative negligence principles, the recoverable damages could potentially be reduced by that 20 percent.
The defense still must be supported by the facts.
Our attorneys may investigate operating instructions, witness testimony, surveillance footage, training records, site safety rules, and the condition of the elevator itself to determine whether an allegation of misuse is legitimate or simply an attempt to shift responsibility away from the defendants.
Construction accidents can involve additional legal considerations under New York's Labor Law, so the effect of a worker's conduct depends heavily on the particular claim and circumstances.
Is Workers' Compensation Enough After a Construction Elevator Accident?
If you were injured while working on a New York construction site, workers' compensation may provide important benefits. However, that does not necessarily mean workers' compensation is your only potential source of recovery.
Depending on how the elevator accident occurred and who was responsible, an injured worker may also have a claim against a third party.
Potential defendants could include an elevator company, property owner, general contractor, subcontractor, equipment manufacturer, or another company whose negligence contributed to the accident.
A third-party personal injury claim can also provide categories of compensation that are not ordinarily available through workers' compensation, including compensation for pain and suffering.
This is why it is worth having a construction elevator accident independently evaluated rather than assuming workers' compensation is the end of the matter.
Is It Worth Hiring a Lawyer If the Building Says Its Insurance Will "Take Care of It"?
An insurance company may contact you soon after an elevator accident and tell you that it will handle your medical bills or discuss a settlement. Remember who the insurance company represents.
The insurer's responsibility is to its insured, not to maximize your financial recovery. An early offer may be made before anyone fully understands the extent of your injuries, future medical needs, ability to return to work, or long-term prognosis. Once you settle a personal injury claim and execute the required release, you generally cannot return later simply because your injuries turned out to be worse than expected.
Before agreeing to a settlement, your attorney should evaluate the full extent of your damages. Depending on your injuries, those damages may include:
- Past and future medical expenses
- Lost wages
- Reduced future earning capacity
- Rehabilitation expenses
- Pain and suffering
- Disability or disfigurement
- Loss of enjoyment of life
Serious elevator injuries can require surgery, rehabilitation, and years of additional treatment. Accepting an early settlement without understanding those future costs can leave an injured person responsible for expenses that were never accounted for in the settlement.
Why You Should Hire a Lawyer After a Serious Elevator Accident
Elevator accident litigation can become technically complicated very quickly.
The building owner may blame the elevator maintenance company. The maintenance company may blame the building. A contractor may blame the worker. The manufacturer may argue that its equipment was improperly maintained.
In some cases, several defendants may share responsibility. An experienced elevator accident lawyer can investigate these competing claims and obtain evidence that an injured person would have difficulty accessing independently.
That investigation may include obtaining service contracts, maintenance records, inspection histories, repair records, prior complaints, surveillance footage, and witness statements. Engineering or elevator experts may also be needed to determine why the equipment failed.
At The Law Offices of Michael S. Lamonsoff, we prepare serious injury cases with litigation in mind from the beginning. Michael S. Lamonsoff, known as "The Bull," has built his reputation by aggressively challenging insurance companies and defendants that attempt to avoid responsibility for injuries they caused.
How Long Will a Contested Elevator Accident Claim Take?
There is no standard timeline for an elevator accident lawsuit in New York. A relatively straightforward case that settles may resolve faster than a case involving catastrophic injuries, multiple defendants, disputed liability, or extensive expert testimony.
The timeline can depend on factors including:
- The severity of the injuries
- How long medical treatment continues
- The number of defendants
- Whether liability is disputed
- The amount of evidence that must be obtained
- Expert investigations
- Settlement negotiations
- Court scheduling
- Whether the case ultimately goes to trial
Complex elevator cases can take considerable time because attorneys may need to obtain years of maintenance records, depose building personnel and elevator technicians, retain experts, and determine how responsibilities were divided among several companies.
The goal should not simply be to settle as quickly as possible. The goal is to build the strongest case possible and pursue compensation that accounts for the full impact of the injuries.
Frequently Asked Questions About Elevator Accident Defenses
Can an elevator company be liable if the elevator passed inspection?
Potentially. Passing an inspection does not necessarily establish that the elevator was free from defects when the accident happened. Maintenance history, prior complaints, subsequent failures, and the scope and quality of the inspection may all be relevant.
What if nobody complained about the elevator before my accident?
A lack of documented complaints does not automatically eliminate liability. The investigation may consider whether the defendant created the condition, should have discovered it through reasonable maintenance or inspection, or had other information indicating a developing problem.
What if I was partially responsible for the elevator accident?
New York's comparative negligence rules may allow you to recover damages even when you share responsibility, although your recovery can be reduced according to your percentage of fault.
Can I sue after a construction elevator accident if I receive workers' compensation?
Potentially. Workers' compensation and third-party personal injury claims are different forms of recovery. If someone other than your employer was legally responsible for the accident, you may have additional claims.
Should I accept an elevator accident settlement from the insurance company?
You should understand the full extent of your injuries and potential damages before accepting a settlement. Once a claim is fully settled and released, obtaining additional compensation later is generally not possible.
Do Not Let an Insurance Company Decide Who Was Responsible
Elevator companies, property owners, contractors, and insurers have strong financial incentives to dispute liability after a serious accident. A recent inspection, an allegation of worker misuse, or a quick settlement offer should not be accepted as the final word on what happened. The evidence should decide that.
The Law Offices of Michael S. Lamonsoff has more than 150 years of combined litigation experience and has recovered more than $500 million in settlements and verdicts for injured clients. Led by Michael S. Lamonsoff, "The Bull," our attorneys prepare cases aggressively and are ready to take on building owners, elevator companies, contractors, and insurance carriers.
If you or a loved one was seriously injured in an elevator accident in New York, call The Law Offices of Michael S. Lamonsoff at (212) 962-1020 for a free consultation. You're in the hands of a fighter.
